Indiana Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in Indiana
It is possible to seal, cleanup or expunge a person’s criminal record in Indiana under certain circumstances. In a majority of scenarios, once the record is sealed or expunged, the concerned person can mention on an employment form that he/she has never been convicted of a criminal offense.
Indiana criminal record expungement when a person is not convicted according to their criminal record
When criminal records do not have any mention of conviction, a person can qualify for sealing and expungement in the state of Indiana. When a criminal record is sealed, it usually restricts any person from accessing the record without procuring a court record. After waiting for a time period of 12 months from the arrest date, a person may file a petition in the court to get his/her criminal record sealed and expunged in case:
- A person was convicted but was vacated later on, or
- The person was arrested but was not convicted of a criminal offense
It is possible for a person to get their DNA profile cleared from the database of the state DNA in case the conviction was reversed, as well as, the lawsuit was dismissed or in case the person was arrested for at least 1 felony and
- All the charges against the person were dismissed
- The person was acquitted of all charges pertaining to felonies or the felony charges got converted to misdemeanors, or
- A minimum of 12 months passed since the arrest was made and no other charge was filed against the person
Criminal record expungement Indiana when the criminal record is not free from conviction charge
In Indiana, convictions for Class D felonies, several misdemeanors, and Class D felonies, which were downgraded to misdemeanors can be sealed and expunged. Apart from some exceptional situations, sealed records are not divulged to any person without getting a court record. Records pertaining to more severe felony convictions will be public after getting a criminal record expunged in Indiana. However, they should be properly marked as being sealed or expunged.
Misdemeanor, Class D Felonies downgraded to misdemeanors, and Class D Felony convictions
In case a person is convicted of any misdemeanor offense, a Class D felony, or a Class D felony downgraded to a misdemeanor, they can file a petition for sealing and expunging their criminal records if:
- There are no pending charges against him/her
- The person did not commit any sex offense or a violent criminal offense
- There is no new conviction on his/her record
- The person has paid all fees, fines, restitution, or court costs related to his/her case
- He/she has not been convicted of at least 2 separate felonies that involve a dangerous weapon
When a person is convicted for some felonies in the category of Class D including crimes that led to physical injury, homicides, perjury, human trafficking, and offenses committed while functioning as a public office candidate or an elected official are not eligible for Indiana to expunge criminal records.
In case a person was convicted of a Class D felony, which was downgraded to a misdemeanor or a misdemeanor, they have to wait for a period of 5 years from their conviction date prior to filing for expungement. On the other hand, when a person is convicted of a felony of type Class D, the waiting time is 8 years from his/her conviction date.
Expungement laws in the state of Indiana can be complicated and may keep changing. It is highly recommended to consult a skilled attorney in South Dakota in case you are slapped with a charge or are arrested and wish to remove such charges from your record.
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